23.09.2015 Views

Final Report of the Polillo Butaan Project (1999-­‐2010) 2009/2010

Final Report of the Polillo Butaan Project - Mampam Conservation

Final Report of the Polillo Butaan Project - Mampam Conservation

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

<strong>Final</strong> <strong>Report</strong> <strong>of</strong> <strong>the</strong> <strong>Polillo</strong> <strong>Butaan</strong> <strong>Project</strong> (<strong>1999</strong>-<strong>­‐<strong>2010</strong></strong>) <br />

<strong>2009</strong>/<strong>2010</strong> <br />

Daniel Bennett, January 2011


The <strong>Polillo</strong> <strong>Butaan</strong> <strong>Project</strong> was an 11 year investigation into <strong>the</strong> population <strong>of</strong> <strong>the</strong> <br />

frugivorous monitor lizards known as butaan (Varanus olivaceus) in a 2km 2 area <br />

<strong>of</strong> unlogged dipterocarp forest and surrounding secondary forests at an altitude <br />

almost entirely below 100masl on <strong>Polillo</strong> Island in <strong>the</strong> Philippines. The project <br />

utilised methods that caused minimal disturbance to <strong>the</strong> animals; principally <strong>the</strong> <br />

mapping <strong>of</strong> lizard dung and <strong>the</strong> use <strong>of</strong> camera traps and camouflaged hides. <br />

When <strong>the</strong> project came to an end in <strong>2010</strong> a total <strong>of</strong> almost 2000 butaan feces and <br />

over 1300 images <strong>of</strong> wild butaan had been recorded in <strong>the</strong> study area, and short <br />

investigations had been conducted in four o<strong>the</strong>r areas <strong>of</strong> <strong>the</strong> Philippines. The <br />

material generated data which allowed detailed investigations into a number <strong>of</strong> <br />

key aspects <strong>of</strong> <strong>the</strong> animals’ feeding biology and population structure on <strong>Polillo</strong>, <br />

and demonstrated empirically <strong>the</strong> animals’ role as a principle disperser <strong>of</strong> <br />

Pandanus and Canarium seeds. Although hunting <strong>of</strong> <strong>the</strong> animals in <strong>the</strong> area had <br />

almost entirely been eliminated by 2005, slash and burn farming destroyed at <br />

least 20% <strong>of</strong> <strong>the</strong> available habitat between <strong>1999</strong> and <strong>2010</strong>. No corresponding <br />

drop in butaan numbers was recorded, and most butaan survived habitat <br />

destruction and moved to adjacent areas. Between 2004 and <strong>2009</strong> individual <br />

butaan were recorded in <strong>the</strong> area, including five large males, with weights <strong>of</strong> 8 <br />

to >10kg. Away from <strong>Polillo</strong> we collected anecdotal evidence that strongly <br />

suggests that frugivorous monitors are almost or already extinct on Alabat <br />

Island, Quezon Province, and found evidence <strong>of</strong> new populations <strong>of</strong> frugivorous <br />

monitors in <strong>the</strong> north and west <strong>of</strong> Luzon. One <strong>of</strong> <strong>the</strong>se populations has been <br />

described as a new species (Varanus bitatawa). The circumstances surrounding <br />

<strong>the</strong> collection <strong>of</strong> a butaan from <strong>Polillo</strong> Island in <strong>2009</strong> that was used in <strong>the</strong> <br />

description <strong>of</strong> <strong>the</strong> new species resulted in my decision to very sadly terminate <br />

this project. <br />

Image <strong>of</strong> sou<strong>the</strong>rn <strong>Polillo</strong> from Google Earth. The Sibulan Watershed Reserve is clearly visible in <br />

dark green NNE <strong>of</strong> <strong>Polillo</strong> Town.


Field Work on <strong>Polillo</strong> <br />

Field work from Jan to June <strong>2009</strong> was hampered by continuous rain and <br />

consequent low rates <strong>of</strong> dung recovery, so a study <strong>of</strong> <strong>the</strong> movement patterns <strong>of</strong> <br />

<strong>the</strong> snail Helicostyla portei was instigated using spool and line techniques. The <br />

snail is <strong>the</strong> principle animal prey <strong>of</strong> butaan in <strong>the</strong> area. Fieldwork in <strong>2010</strong> was <br />

restricted to surveys <strong>of</strong> newly destroyed habitat and surveys around key <br />

resource trees. <br />

Team Members on <strong>Polillo</strong> Island, <strong>2009</strong>-<strong>­‐<strong>2010</strong></strong> <br />

Training <br />

Students and staff from various universities in <strong>the</strong> Philippines visited <strong>the</strong> project <br />

between <strong>2009</strong> and <strong>2010</strong>, toge<strong>the</strong>r with visitors from universities in Germany and <br />

Ireland. The results <strong>of</strong> our study <strong>of</strong> snail movements was presented by <br />

Jeszianlenn Plaza <strong>of</strong> Fr Saturinos University, Butuan City, at <strong>the</strong> <strong>2010</strong> WCSP <br />

meeting in Legaspi City. Daniel Bennett gave informal lectures about <strong>the</strong> butaan <br />

to students at Fr Saturinos University, Butuan, Miriam College, Manila and <br />

University <strong>of</strong> <strong>the</strong> Philippines Los Banos. <br />

<strong>Project</strong> members on <strong>Polillo</strong>, west coast <strong>of</strong> Luzon and at WCSP, <strong>2010</strong> <br />

Surveys outside <strong>Polillo</strong> <br />

Field surveys were conducted at Palanan, Isabela and withheld locations in <br />

western Luzon. Primary evidence <strong>of</strong> frugivorous monitor lizards were found at <br />

all sites. The locations in western Luzon represent <strong>the</strong> first records <strong>of</strong> V. <br />

olivaceus on <strong>the</strong> west coast. <br />

With <strong>the</strong> Born in <strong>the</strong> Wild GMA7 TV team, Palanan, Isabela.


Varanus olivaceus, undisclosed site near SW coast <strong>of</strong> Luzon <br />

Outputs <br />

<strong>Final</strong> outputs <strong>of</strong> this project with dates <br />

Online <strong>Polillo</strong> <strong>Butaan</strong> Database: secure access for future bona fide researchers <br />

(<strong>2010</strong>) <br />

Presentation: “Giant frugivorous lizards and Pandanus: seed dispersal and seed <br />

fate in lowland dipterocarp forests <strong>of</strong> <strong>the</strong> Philippine Islands” at <strong>the</strong> 5th <br />

International Symposium-­‐Workshop on Frugivores and Seed Dispersal, <br />

Montpellier, France. (<strong>2010</strong>) <br />

Contributions to: Born in <strong>the</strong> Wild: Three part documentary for GMA7 National <br />

TV about Varanus olivaceus and V. bitatawa (<strong>2010</strong>) <br />

Papers and notes on <strong>the</strong> techniques developed by <strong>the</strong> project (in review) <br />

Papers on diet , populations, movement, seed dispersal, habitat (In review/2011) <br />

Tagalog documentary (with English Subtitles) “Pandan Biawak” (to be completed <br />

May 2011) <br />

Monography “The <strong>Butaan</strong> <strong>of</strong> <strong>Polillo</strong> Island” (to be completed 2012) <br />

Conservation Status <strong>of</strong> <strong>Polillo</strong> <strong>Butaan</strong> <br />

Despite our efforts, <strong>the</strong> conservation status <strong>of</strong> butaan in <strong>the</strong> study area is <br />

considerably worse than in <strong>1999</strong>. A single individual, Nana Paz <strong>of</strong> <strong>Polillo</strong> Town, <br />

has been responsible for virtually all forest clearance in <strong>the</strong> area since at least <br />

2005. Some local landowners are aware <strong>of</strong> <strong>the</strong> important butaan resources on


<strong>the</strong>ir land and will preserve <strong>the</strong>m for as long as possible, but all are subject to <br />

great financial hardship and gain little or no material benefits from <strong>the</strong>ir forested <br />

land. <br />

Recent destruction, July <strong>2010</strong> <br />

The Sibulan Watershed Reserve is still almost entirely intact, although very large <br />

numbers <strong>of</strong> epiphytes have been cleared by forest wardens, a practise I have <br />

been pleading against since 2002. The only botanical survey in <strong>the</strong> area that has <br />

included epiphytes found a remarkable number <strong>of</strong> endemic epiphyllous hepatics <br />

(Robinson 1911). These collections were destroyed during <strong>the</strong> Second World <br />

War and I am unaware <strong>of</strong> any subsequent collections from <strong>the</strong> area. <br />

Forest clearance in <strong>the</strong> study area 2003-­‐<strong>2009</strong>. <br />

Direct attempts at conservation in <strong>the</strong> area included; reporting forest destruction <br />

on an annual basis, systematic destruction <strong>of</strong> all traps set in forested areas, <br />

raising awareness <strong>of</strong> <strong>the</strong> plight <strong>of</strong> <strong>the</strong> butaan in national and international


media, encouraging local people not to eat butaan, to leave dogs outside <strong>the</strong> <br />

forest and to leave corridors around some key resource trees. <br />

I have not been able to verify reports that <strong>the</strong> Sibulan Watershed Reserve has <br />

been enlarged in recent years to form a Sibulan-­‐Pinaglubayan local conservation <br />

area. Nobody in Pinaglubayan that I know was aware <strong>of</strong> <strong>the</strong> changes referred to <br />

in those reports as late as July <strong>2010</strong>. Whe<strong>the</strong>r <strong>the</strong> newly protected area exists or <br />

not, it provides no buffer for <strong>the</strong> highly vulnerable edge <strong>of</strong> <strong>the</strong> primary reserve, <br />

except in an area <strong>of</strong> minor importance to butaan. The critical areas to <strong>the</strong> north <br />

east <strong>of</strong> <strong>the</strong> reserve remain completely unprotected and will doubtless disappear <br />

altoge<strong>the</strong>r without intervention. <br />

Recommendations <br />

There is an urgent and vital need for a protected buffer zone that <br />

circumnavigates <strong>the</strong> Sibulan watershed reserve and includes all remaining <br />

forests to <strong>the</strong> east and north. <br />

A few female Canarium and Pandanus trees are key resources for <strong>the</strong> entire <br />

butaan population in <strong>the</strong> area and should be afforded absolute protection and <br />

corridors maintained to connect increasingly common fragmented resources <br />

Outside <strong>Polillo</strong> surveys are for “pandan bayawak” are urgently required in <br />

surviving lowland forests <strong>of</strong> all smaller islands <strong>of</strong> <strong>the</strong> Visayas, Mindanao and <br />

Luzon groups, and well as suitable habitat throughout Luzon and Panay islands. <br />

The rapid survey techniques developed by <strong>the</strong> <strong>Polillo</strong> <strong>Butaan</strong> <strong>Project</strong> will work <br />

wherever frugivorous monitor lizards occur. However <strong>the</strong>y can also be used to <br />

<strong>the</strong> detriment <strong>of</strong> <strong>the</strong> animals and for this reason have not been widely publicised <br />

and taught only to bona fide students and researchers. <br />

Circumstances surrounding <strong>the</strong> collection <strong>of</strong> KU 322187 <br />

On 17 th March <strong>2010</strong> I became aware that a very large butaan had been collected <br />

from <strong>Polillo</strong> Island on 6 th July <strong>2009</strong> by Luke Welton, a student at Kansas <br />

University. I was originally told by Welton’s supervisor Rafe Brown that <strong>the</strong> <br />

animal had been killed by dogs in an unknown area <strong>of</strong> <strong>Polillo</strong>. Pictures <strong>of</strong> this <br />

animal in <strong>the</strong> description <strong>of</strong> Varanus bitatwa showed no sign <strong>of</strong> injuries <br />

consistent with this explanation, and indicated that <strong>the</strong> animal was alive when <br />

first photographed. <br />

I suspected that Luke Welton had made an unscheduled visit to <strong>the</strong> <strong>Polillo</strong> <br />

<strong>Butaan</strong> <strong>Project</strong> study area with <strong>the</strong> intent to collect a specimen <strong>of</strong> butaan vital for <br />

comparison with a specimen he had collected a week previously in Aurora <br />

Province and intended to describe as a new species. My request to <strong>Polillo</strong> Islands <br />

Biodiversity Conservation Foundation Inc to investigate <strong>the</strong> matter was refused, <br />

and I was told that it was my responsibility to ask local people what had <br />

happened. The refusal <strong>of</strong> <strong>Polillo</strong> Islands Biodiversity Conservation Foundation <br />

Inc. to make any investigation into <strong>the</strong> undisputed killing and export <strong>of</strong> one <strong>of</strong> <strong>the</strong>


largest butaan left on <strong>Polillo</strong> Island severely undermined <strong>the</strong> <strong>Polillo</strong> <strong>Butaan</strong> <br />

<strong>Project</strong>’s claim to have a strong conservation component. Without that <br />

confidence I was unable to continue. <br />

Figure from <strong>the</strong> description <strong>of</strong> Varanus bitatawa showing <strong>the</strong> specimen <strong>of</strong> V. olivaceus collected <br />

on <strong>Polillo</strong> Island, 6 th July <strong>2009</strong>. <br />

I was not able to visit <strong>Polillo</strong> until July <strong>2010</strong>, at which time I experienced initial <br />

hostility from people who had “considered me a son” since <strong>1999</strong>. My team <br />

members had been informed that I was intending to have a local man who had <br />

been fundamental to my project since its inception sent to prison for killing a <br />

butaan. This information had been received by text to <strong>Polillo</strong> Island before <br />

Easter. Although <strong>the</strong>y claimed no knowledge <strong>of</strong> Luke Welton, he had arrived at <br />

<strong>the</strong> <strong>Butaan</strong> <strong>Project</strong> Headquarters on 5 th July <strong>2009</strong> and left on 6 th July <strong>2009</strong>, <br />

signing <strong>the</strong> guestbook and stating his purpose was “butaan and sailfin lizards” <br />

(page 14, Appendix III). I was unwilling to press my project staff fur<strong>the</strong>r about <br />

this matter because <strong>the</strong> project was almost over and I love <strong>the</strong>m very much. <br />

I made complaints to US Fish and Wildlife Service, asking <strong>the</strong>m to autopsy <strong>the</strong> <br />

animal to determine <strong>the</strong> cause <strong>of</strong> death (Appendix IIa), and to Kansas University <br />

(Appendix IIb) and <strong>the</strong> Department <strong>of</strong> Environment and Natural Resources, <br />

Philippines. There was no response from DENR and acknowledgement from <br />

FWS. Kansas University conducted an internal investigation that concluded “The <br />

absence <strong>of</strong> teeth marks or external wounds does not rule out that <strong>the</strong> animal’s <br />

death might not have been from exhaustion and/or internal injuries as a result <strong>of</strong> <br />

having been chased and harassed by dogs. I can only assume that KU researchers <br />

acted in good faith and dispatched an animal that was not healthy and potentially <br />

suffering from some fatal condition”. The investigation stated that KU322187 had <br />

been returned to <strong>the</strong> Philippines because it was a National Museum specimen <br />

(PNM9726) on temporary loan to Kansas. The PNM number was not mentioned <br />

in Welton et al. <strong>2010</strong>, nor on <strong>the</strong> online catalogue <strong>of</strong> Kansas University (page 8 <strong>of</strong> <br />

Appendix 3).


Summary <br />

Frugivorous monitors are an evolutionary novelty, unique to <strong>the</strong> lowland <br />

dipterocarp forests <strong>of</strong> <strong>the</strong> Philippines. The ability <strong>of</strong> <strong>the</strong>se huge lizards to evade <br />

generations <strong>of</strong> scientists is evident; It is quite possible, for example, that a <br />

species occurred on Cebu Island until <strong>the</strong> very recent past, but quite certain that <br />

one cannot exist <strong>the</strong>re today. Finding surviving unknown populations and <br />

preserving corridors between <strong>the</strong>ir resource patches are essential to prevent <br />

<strong>the</strong>m dying out entirely undocumented. There cannot be many animals <strong>of</strong> a <br />

comparable size faced with a similar plight anywhere in <strong>the</strong> world. <br />

Thanks <br />

To all sponsors, supporters and team members <strong>of</strong> <strong>the</strong> project, for 11 years well <br />

spent. <br />

Literature Cited <br />

Robinson, C.B. 1911. Botanical notes upon <strong>the</strong> island <strong>of</strong> <strong>Polillo</strong>. Philippine Journal <br />

<strong>of</strong> Science, C. Botany 6(3): 185-­‐228. <br />

Welton, L. J., C.D. Siler, D. Bennett, A. Diesmos, M. R. Duya, R. Dugay, E.L.B. Rico, <br />

M. Van Weerd, and R. F. Brown. <strong>2010</strong>. A spectacular new Philippine monitor <br />

lizard reveals a hidden biogeographic boundary and a novel flagship species for <br />

conservation. Biology Letters <strong>2010</strong> 6:654-­‐658. <br />

Appendix I: Announcement <strong>of</strong> <strong>the</strong> end <strong>of</strong> <strong>the</strong> project <br />

Appendix II: Complaint to US Fish and Wildlife and Kansas University <br />

Appendix III: Kansas University Investigation


Appendix 1: Announcement <strong>of</strong> End <strong>of</strong> <strong>Project</strong> <br />

Sent: Sunday, March 21, <strong>2010</strong> 9:43 PM <br />

Subject: <strong>Polillo</strong> <strong>Butaan</strong> <strong>Project</strong> <strong>1999</strong>-<strong>­‐<strong>2010</strong></strong> <br />

To: The Conservation Biologists <strong>of</strong> <strong>the</strong> Philippines <br />

Dear Colleagues, <br />

After 11 "fruitful" years, I am sad to announce that <strong>2010</strong> will be <strong>the</strong> <br />

final season <strong>of</strong> <strong>the</strong> <strong>Polillo</strong> <strong>Butaan</strong> <strong>Project</strong>. I am very grateful to <br />

everybody who has ever been involved, and consider myself fortunate to <br />

have made so many good friends as a result. Personally and <br />

pr<strong>of</strong>essionally, this project has been one <strong>of</strong> <strong>the</strong> best things that ever <br />

happened to me. <br />

In practical terms, this means that this year will be <strong>the</strong> final chance <br />

for ecologists to visit and learn about <strong>the</strong> completely non-­‐intrusive <br />

and non-­‐destructive methods we have developed for <strong>the</strong> study <strong>of</strong> <br />

frugivorous monitor lizards. For those <strong>of</strong> you not acquainted with <strong>the</strong> <br />

project; we have been monitoring a tiny population <strong>of</strong> Varanus <br />

olivaceus in and around <strong>the</strong> Sibulan Watershed Reserve since <strong>1999</strong>, and <br />

I think it's fair to say that no lizard population has ever attracted <br />

so much attention from humans, and suffered so little disturbance as <br />

result! <br />

I am very keen that as many field workers as possible become <br />

acquainted with our methods, which are, for <strong>the</strong> most part, very simple <br />

and inexpensive. In <strong>the</strong> past we have been lucky enough to receive many <br />

visitors with an interest in <strong>the</strong> conservation <strong>of</strong> <strong>the</strong>se completely <br />

unique creatures, and I hope than anybody with <strong>the</strong> interest who has <br />

not visited will make <strong>the</strong> time to do so quickly. Please contact me at <br />

mampam@gmail.com <br />

It's been a huge privilege for me to have worked in this beautiful <br />

place, with so many wonderful people. I've never met a harder core <strong>of</strong> <br />

people with such selfless dedication to conservation, nor a group with <br />

such formidable obstacles to overcome. <br />

Daniel


Formal complaint about alteration <strong>of</strong> data: KU322187 from Daniel <br />

Bennett/Mampam Conservation <br />

to <br />

cc <br />

chancellor@ku.edu <br />

krishtalka@ku.edu, <br />

asawyer@ku.edu, <br />

gsimpson@ku.edu <br />

date <br />

13 May <strong>2010</strong> 09:24 <br />

subject <br />

Formal complaint about alteration <strong>of</strong> data: KU322187 <br />

I wish to make a formal complaint about <strong>the</strong> alteration <strong>of</strong> data in <strong>the</strong> Kansas <br />

University Natural History Museum database concerning a specimen <strong>of</strong> Varanus <br />

olivaceus, labelled KU 322187, collected by Luke Welton, a student at Kansas <br />

University, on <strong>Polillo</strong> Island, Philippines, on 6th July <strong>2009</strong>. Specifically, I allege <br />

that data was changed and falsified on <strong>the</strong> database in order to allay suspicions <br />

that this specimen had been collected illegally (point 6 and supporting material <br />

1&5 in <strong>the</strong> attached document, which has been submitted to US Fish & Wildlife <br />

and <strong>the</strong> relevant authorities in <strong>the</strong> Philippines). <br />

I request that Kansas University investigate this complaint and gain access to <strong>the</strong> <br />

relevant field notes in order to determine if data associated with this specimen <br />

has been fabricated. <br />

Daniel Bennett


Allegations about <strong>the</strong> illegal collection <strong>of</strong> a specimen <strong>of</strong> Varanus olivaceus from <strong>Polillo</strong><br />

Island. – Daniel Bennett (mampam@gmail.com), 2 nd April <strong>2010</strong><br />

I allege that a specimen <strong>of</strong> Varanus olivaceus in <strong>the</strong> Kansas University Natural History<br />

Museum, specimen number KU 322187, was collected illegally, and request that <strong>the</strong> animal<br />

be examined by <strong>the</strong> U.S. Fish & Wildlife Service Forensics Laboratory in order to determine<br />

its cause <strong>of</strong> death and establish <strong>the</strong> circumstances surrounding its collection. If my statement<br />

is considered insufficient grounds for investigation I request that U.S. Fish & Wildlife Service<br />

withhold CITES permits allowing re-exportation <strong>of</strong> this specimen from <strong>the</strong> USA until <strong>the</strong><br />

relevant authorities in <strong>the</strong> Philippines have considered my complaint and decided whe<strong>the</strong>r a<br />

formal request to U.S. Fish & Wildlife Service to conduct a forensic examination <strong>of</strong> this<br />

specimen is warranted.<br />

In making this very serious allegation I <strong>of</strong>fer <strong>the</strong> following circumstantial evidence.<br />

1. Varanus olivaceus is a completely protected species in <strong>the</strong> Philippines; it is listed as VU by<br />

IUCN and is on CITES Appendix 2.<br />

2. On 29 June <strong>2009</strong> Luke Welton, a student at <strong>the</strong> University <strong>of</strong> Kansas under <strong>the</strong> supervision<br />

<strong>of</strong> Dr Rafe Brown, and o<strong>the</strong>rs collected a Varanus lizard in Aurora province, Philippines.<br />

This animal is catalogued as PNM 9719 in <strong>the</strong> Philippine National Museum herpetological<br />

collection. On 6 July <strong>2009</strong> Luke Welton and o<strong>the</strong>rs collected a specimen <strong>of</strong> Varanus<br />

olivaceus from <strong>Polillo</strong> Island, Quezon province, Philippines. This animal is KU 322187 in <strong>the</strong><br />

Kansas University Museum herpetological collection. [1]<br />

3. When I learned that a specimen <strong>of</strong> Varanus olivaceus had been collected from <strong>Polillo</strong><br />

Island, I immediately contacted Dr Rafe Brown and was informed:<br />

a. That he had been unaware <strong>of</strong> Luke Welton’s visit to <strong>Polillo</strong> in July <strong>2009</strong> at <strong>the</strong> time,<br />

and that <strong>the</strong> visit had not been scheduled.<br />

b. That he had been informed by Luke Welton that <strong>the</strong> specimen taken had been found<br />

dead, having been killed by a dog, and that under <strong>the</strong>se circumstances its collection<br />

had been legal.<br />

c. That Luke Welton did not need a specimen <strong>of</strong> Varanus olivaceus for his research [2].<br />

However my enquiries suggest that nei<strong>the</strong>r local NGOs nor DENR on <strong>Polillo</strong> were aware <strong>of</strong><br />

Luke Welton’s visit, or that he had collected a specimen <strong>of</strong> Varanus olivaceus from <strong>the</strong><br />

island.<br />

4. A paper published in Biology Letters contains a detailed description <strong>of</strong> <strong>the</strong> morphology <strong>of</strong><br />

both KU 322187 and PNM 9719, and names <strong>the</strong> latter as a new species <strong>of</strong> Varanus lizard.<br />

The paper includes two pictures <strong>of</strong> <strong>the</strong> specimen KU 322187. The picture <strong>of</strong> <strong>the</strong> lateral view<br />

<strong>of</strong> <strong>the</strong> head strongly suggests that <strong>the</strong> animal was alive at <strong>the</strong> time <strong>the</strong> photograph was taken.<br />

The dorsal view shows no signs <strong>of</strong> injuries. The citation for <strong>the</strong> paper is: Luke J. Welton,<br />

Cameron D. Siler, Daniel Bennett, Arvin Diesmos, M. Roy Duya, Roldan Dugay, Edmund<br />

Leo B. Rico, Merlijn Van Weerd, and Rafe M. Brown. A spectacular new Philippine monitor<br />

lizard reveals a hidden biogeographic boundary and a novel flagship species for<br />

conservationBiol. Lett. published online before print April 7, <strong>2010</strong>,<br />

doi:10.1098/rsbl.<strong>2010</strong>.0119 [3]<br />

5. On 19 th March <strong>2010</strong> I became aware <strong>of</strong> <strong>the</strong> pictures <strong>of</strong> KU 322187, and I asked Dr Rafe<br />

Brown for clarification <strong>of</strong> his earlier statement that <strong>the</strong> animal had been killed by dogs. His<br />

reply contradicted his earlier statement. [4]


6. On 21 st March <strong>2010</strong> I noticed that <strong>the</strong> Kansas Museum Catalogue entry from KU 322187<br />

had been changed; <strong>the</strong> locality name had been altered, and <strong>the</strong> collectors’ names and county<br />

<strong>of</strong> collection had been removed. This change was made between <strong>the</strong> 18 th and 21 st <strong>of</strong> March<br />

<strong>2010</strong>. [5]<br />

7. If KU 322187 was not collected in accordance with <strong>the</strong> laws <strong>of</strong> <strong>the</strong> Philippines and <strong>the</strong><br />

collection permits issued to Rafe Brown by PAWB, <strong>the</strong>n <strong>the</strong> CITES permits under which it<br />

was exported from <strong>the</strong> Philippines and imported into <strong>the</strong> USA were obtained by deception.<br />

I allege that Luke Welton required an adult male Varanus olivaceus with everted hemipenes<br />

in order to describe PNM 9719 as a new species, and that he made <strong>the</strong> decision to collect a<br />

specimen for comparison as quickly as possible and by any means necessary. I allege that KU<br />

322187 was collected in or around Sibulan Watershed Reserve on <strong>Polillo</strong> Island on Welton’s<br />

instructions, that he went to that area knowing that local field workers were engaged in an<br />

non-intrusive study <strong>of</strong> <strong>the</strong> species and would consequently know where to find an adult male<br />

very quickly, and that he killed <strong>the</strong> animal for <strong>the</strong> express purpose <strong>of</strong> having a comparative<br />

specimen that would allow him to describe PNM 9719 as a new species. In order to comply<br />

with <strong>the</strong> permits issued to his supervisor, he fabricated <strong>the</strong> story that KU 322187 had been<br />

killed by dogs, and in order to deflect criticism that he had collected an animal which was part<br />

<strong>of</strong> a long-term ecological study, he fabricated <strong>the</strong> collection locality. Subsequently his<br />

supervisor Rafe Brown assisted in <strong>the</strong>se fabrications by altering museum records and making<br />

false statements designed to discourage fur<strong>the</strong>r investigations about <strong>the</strong> origin <strong>of</strong> <strong>the</strong> specimen<br />

and <strong>the</strong> circumstances under which it was killed.<br />

I fur<strong>the</strong>r allege that forensic examination <strong>of</strong> KU 322187 will confirm that <strong>the</strong> animal shows<br />

no signs <strong>of</strong> injuries associated with a fatal dog attack, and that examination <strong>of</strong> stomach<br />

contents and/or DNA analysis will indicate that <strong>the</strong> animal comes from habitat in or around<br />

Sibulan Watershed Reserve.<br />

Supporting Material<br />

[1] – Catalogue entry for PMN9719 at Kansas University Natural History Museum:<br />

http://collections.nhm.ku.edu/HerpsWeb/detail.jsp?record=320000.0&column=0&styl<br />

eDir=style and [5] below.<br />

[2] Exerts from emails: Rafe Brown to Daniel Bennett, Nov/Dec<strong>2009</strong> - full transcript <strong>of</strong> all<br />

emails given as [Appendix 1]<br />

from<br />

to<br />

cc<br />

XXXXX@ku.edu<br />

date 30 November <strong>2009</strong> 18:22<br />

Rafe Brown <br />

Daniel Bennett/Mampam Conservation <br />

ambanjfurcifer@yahoo.com,<br />

subject varanus collab<br />

mailed-by ku.edu<br />

For <strong>the</strong> record and in writing here: we did not have definitive knowledge <strong>of</strong> <strong>the</strong> Sierra<br />

Madre thing, genetic data, or any plans to work on this until we caught a large adult<br />

male this July and only <strong>the</strong>n did Luke (acting on his own volition after I had left <strong>the</strong><br />

country) shift into high gear and track down all <strong>the</strong> necessary information and genetic<br />

material (from peninsular olivaceus, etc) that are needed to describe <strong>the</strong> animal.


from Rafe Brown <br />

to mampam@mampam.com<br />

cc XXXXX@gmail.com<br />

date 8 December <strong>2009</strong> 12:29<br />

subject Roldan's specimen?<br />

I can't remember <strong>the</strong> name <strong>of</strong> <strong>the</strong> locality (I'll ask Luke) but I know it was an animal<br />

killed by dogs on <strong>the</strong> opposite side <strong>of</strong> <strong>the</strong> island from your study area, outside <strong>of</strong> any<br />

protected area. My understanding is that it was salvaged by Luke because it was<br />

already dead<br />

from Rafe Brown <br />

to mampam@mampam.com<br />

date 8 December <strong>2009</strong> 23:11<br />

Keep in mind <strong>the</strong> facts: Luke wanted to look at molecular divergence and he already<br />

had a samples from an animal that my students salvaged from a hunter on Caramoan<br />

in 2006. Luke knew this and he was not desperate to get an olivaceus sample. Even<br />

if he had been desperate and keen to obtain a sample (as you seem to suspect), his<br />

approach is to collect non-destructuve genetic samples (<strong>the</strong>se are <strong>the</strong> bulk <strong>of</strong> <strong>the</strong><br />

genetic samples that are going into his graduate work) and skin snips <strong>of</strong> animals he<br />

releases. He does not have any need to have done what you suggest.<br />

[3] – Part <strong>of</strong> Figure 2 from <strong>the</strong> manuscript.<br />

[4] Extract from email: Rafe Brown to Daniel Bennett<br />

from Rafe Brown <br />

to mampam@mampam.com<br />

cc XXXX@gmail.com,<br />

XXXXXX@yahoo.com,<br />

ambanjfurcifer@yahoo.com<br />

date 18 March <strong>2010</strong> 02:41<br />

subject Varanus olivaceus on <strong>Polillo</strong>


With regard to <strong>the</strong> <strong>Polillo</strong> specimen in question: I am sorry but many <strong>of</strong> <strong>the</strong> details are<br />

simply not available. We are not sure exactly where <strong>the</strong> animal was from nor how<br />

long it had been in <strong>the</strong> possession <strong>of</strong> <strong>the</strong> residents. We were told that dogs had ei<strong>the</strong>r<br />

caught it or chased it into a coastal agricultural area to <strong>the</strong> north, ei<strong>the</strong>r on <strong>the</strong> east<br />

side <strong>of</strong> <strong>the</strong> island or NE <strong>of</strong> <strong>Polillo</strong> (Burdeos?). I agree with you that <strong>the</strong> specimen<br />

does not show evidence <strong>of</strong> bite marks


[5] Catalogue entry for KU322187 at Kansas University Natural History Museum downloaded 16 th March <strong>2010</strong> from<br />

http://collections.nhm.ku.edu/HerpsWeb/detail.jsp?record=322187.0&column=0&styleDir=style<br />

Catalogue entry for KU322187 at Kansas University Natural History Museum downloaded 21 st March <strong>2010</strong> from<br />

http://collections.nhm.ku.edu/HerpsWeb/detail.jsp?record=322187.0&column=0&styleDir=style


Appendix III: <br />

The Inquiry Process <strong>of</strong> <strong>the</strong> Kansas University is reproduced in entirety on <strong>the</strong> <br />

pages below. My only comment is that only one <strong>of</strong> <strong>the</strong> large adult male butaan in <br />

my study area was marked with tail notches. The o<strong>the</strong>rs were only known from <br />

camera trap pictures. <br />

Daniel Bennett, January 2011.


To: Steve Warren and Bill Sharp<br />

From: Dr. Donald G Huggins, Kansas Biological Survey (dhuggins@ku.edu)<br />

Re: Allegations about <strong>the</strong> illegal collection <strong>of</strong> a specimen <strong>of</strong> Varanus olivaceus from<br />

<strong>Polillo</strong> Island (Philippines) made by Daniel Bennett (mampam@gmail.com) on or<br />

about April 2, <strong>2010</strong>.<br />

Dear Dr. Warren,<br />

At your request I undertook <strong>the</strong> Inquiry Process <strong>of</strong> <strong>the</strong> University <strong>of</strong> Kansas regarding<br />

possible academic misconduct involving <strong>the</strong> collection <strong>of</strong> a specimen <strong>of</strong> Varanus<br />

olivaceus (specimen number KU 3222187) from <strong>the</strong> Republic <strong>of</strong> <strong>the</strong> Philippines. This<br />

accusation was made by Mr. Daniel Bennett <strong>of</strong> Mampam Conservation and basically<br />

accuses KU scientists <strong>of</strong> illegally collecting a specimen <strong>of</strong> a rare Philippine monitor<br />

lizard.<br />

Mr. Bennett states, “I allege that a specimen <strong>of</strong> Varanus olivaceus in <strong>the</strong> Kansas<br />

University Natural History Museum, specimen number KU 322187, was collected<br />

illegally, and request that <strong>the</strong> animal be examined by <strong>the</strong> U.S. Fish & Wildlife Service<br />

Forensics Laboratory in order to determine its cause <strong>of</strong> death and establish <strong>the</strong><br />

circumstances surrounding its collection. If my statement is considered insufficient<br />

grounds for investigation I request that U.S. Fish & Wildlife Service withhold CITES<br />

permits allowing re-exportation <strong>of</strong> this specimen from <strong>the</strong> USA until <strong>the</strong> relevant<br />

authorities in <strong>the</strong> Philippines have considered my complaint and decided whe<strong>the</strong>r a<br />

formal request to U.S. Fish & Wildlife Service to conduct a forensic examination <strong>of</strong><br />

this specimen is warranted.”<br />

I first reviewed <strong>the</strong> information and material at hand including copies <strong>of</strong> <strong>the</strong> required<br />

permits, interviews with appropriate Kansas University Natural History Museum<br />

personnel and photos <strong>of</strong> <strong>the</strong> specimen. I concluded that <strong>the</strong>se allegations have no<br />

basis in fact and cannot be substantiated by any <strong>of</strong> <strong>the</strong> information I had seen or<br />

heard. The specimen <strong>of</strong> Varanus olivaceus KU 322187 (aka PNM 9726) was<br />

acquired and exported legally under <strong>the</strong> permits (collecting, export, CITES) granted<br />

to <strong>the</strong> Biodiversity Institute by <strong>the</strong> Philippine government. These permits allow for<br />

<strong>the</strong> taking <strong>of</strong> salvage specimens which is what KU 322187 is listed as.<br />

I <strong>the</strong>n sent my findings to both Dr. Rafe Brown and Mr. Daniel Bennett for <strong>the</strong>ir<br />

comments (email sent Thu 6/3/<strong>2010</strong> 2:27 PM). Both have responded to my initial<br />

findings by added new comments or information for my consideration. In this final<br />

evaluation <strong>of</strong> Mr. Bennett’s allegations I have added new information and my<br />

interpretations <strong>of</strong> <strong>the</strong> new comments made by both Dr. Brown and Mr. Bennett in<br />

response to my email <strong>of</strong> 6/3/<strong>2010</strong>. My opinion remains <strong>the</strong> same that KU researchers<br />

did nothing wrong and acted within <strong>the</strong> collecting constraints and conditions set forth<br />

in both <strong>the</strong>ir Philippine and US permits.<br />

In <strong>the</strong> following account I have broken Mr. Bennett’s allegations and statements<br />

down to individual points followed by <strong>the</strong> information I have at hand or my opinion<br />

based on all <strong>the</strong> information I have acquired during my inquires <strong>of</strong> Mr. Bennett’s<br />

allegations.<br />

Inquiry <strong>Report</strong> June 25, <strong>2010</strong> – Page 1


A. Mr. Bennett - Varanus olivaceus is a completely protected species in <strong>the</strong><br />

Philippines; it is listed as VU by IUCN and is on CITES (included in Mr.<br />

Bennett’s Appendix 2).<br />

KU Biodiversity Institute has a Protected Areas and Wildlife Bureau collecting permit<br />

#185, a CITES-2 collecting permit #13207A-<strong>2009</strong> and a CITES-2 export permit<br />

#13394A-<strong>2009</strong>, all issued by <strong>the</strong> Republic <strong>of</strong> <strong>the</strong> Philippines, Department <strong>of</strong> <strong>the</strong><br />

Environment and Natural Resources, under which PNM 9726 (aka KU 322187) was<br />

acquired and exported, and was subsequently imported on 8/13/<strong>2009</strong> under<br />

USF&WS permit #<strong>2009</strong>457415.<br />

B. Mr. Bennett - On 29 June <strong>2009</strong> Luke Welton, a student at <strong>the</strong> University <strong>of</strong><br />

Kansas under <strong>the</strong> supervision <strong>of</strong> Dr Rafe Brown, and o<strong>the</strong>rs collected a<br />

Varanus lizard in Aurora province, Philippines. This animal is catalogued as<br />

PNM 9719 in <strong>the</strong> Philippine National Museum herpetological collection. On<br />

6 July <strong>2009</strong> Luke Welton and o<strong>the</strong>rs collected a specimen <strong>of</strong> Varanus<br />

olivaceus from <strong>Polillo</strong> Island, Quezon province, Philippines. This animal is<br />

KU 322187 in <strong>the</strong> Kansas University Museum herpetological collection. [1].<br />

According to KU members <strong>of</strong> this expedition, <strong>the</strong> account for <strong>the</strong> specimen <strong>of</strong><br />

Varanus olivaceus, KU 322187 from <strong>Polillo</strong> Island is incorrect. Mr. Welton did not<br />

“collect” <strong>the</strong> animal from <strong>the</strong> wild. Ra<strong>the</strong>r, on July 6, <strong>2009</strong>, he and o<strong>the</strong>r members <strong>of</strong><br />

<strong>the</strong> Philippine field party, who were taking a 5-day vacation on <strong>Polillo</strong> Island, <strong>Polillo</strong><br />

Town (home <strong>of</strong> <strong>the</strong> Philippine field assistants), were having a cookout on <strong>the</strong> beach.<br />

Welton was informed by a son <strong>of</strong> one <strong>of</strong> <strong>the</strong> field assistants that a resident <strong>of</strong> <strong>the</strong><br />

village had a monitor lizard (Varanus) that apparently had been attacked and/or<br />

chased and harassed by a dog(s) from its natural forest habitat into <strong>the</strong> coastal<br />

agricultural lowlands. When Welton arrived at <strong>the</strong> residence, he found <strong>the</strong> monitor<br />

lizard unresponsive and close to death, whereupon he euthanized it and took two<br />

tissue samples. As such, <strong>the</strong> exact point <strong>of</strong> origin <strong>of</strong> this individual is unknown. This<br />

specimen was collected as a salvage specimen from <strong>the</strong> vicinity <strong>of</strong> <strong>Polillo</strong> Town. Dr.<br />

Brown has indicated that <strong>the</strong> salvaged specimen is not part <strong>of</strong> <strong>the</strong> KU collection as<br />

indicated by Mr. Bennett. The salvaged specimen was donated to <strong>the</strong> National<br />

Museum <strong>of</strong> <strong>the</strong> Philippines and was cataloged <strong>the</strong>re under <strong>the</strong> catalog number PNM<br />

9726. Four month later, after being registered at PNM, it was brought to <strong>the</strong> United<br />

States on a short term research loan under permits issued by <strong>the</strong> National Museum,<br />

DENR, US Fish and Wildlife, and CITES. The monitor lizard in question is registered<br />

under KU catalog number 322188 only for <strong>the</strong> purpose <strong>of</strong> making associated data<br />

accessible to <strong>the</strong> research community through <strong>the</strong> distributed data base HerpNet via<br />

KU's Specify portal. The specimen is now back in <strong>the</strong> National Museum <strong>of</strong> <strong>the</strong><br />

Philippines and available for inspection and study by anyone authorized by PNM<br />

(Philippines National Museum).<br />

Mr. Bennett later added that Luke Welton signed <strong>the</strong> guestbook (attached)<br />

at <strong>the</strong> house <strong>of</strong> Augusto Zafe in Pinaglubayan, <strong>Polillo</strong>, dated June 5/6<br />

stating that <strong>the</strong> purpose <strong>of</strong> his visit was “research butaan” [<strong>the</strong> local name<br />

for Varanus olivaceus] and "layagan" [<strong>the</strong> local name for Hydrosaurus].<br />

This house has been <strong>the</strong> base <strong>of</strong> <strong>the</strong> <strong>Polillo</strong> butaan project since <strong>1999</strong>, is on<br />

<strong>the</strong> edge <strong>of</strong> Sibulan watershed reserve and at least four hours walk from <strong>the</strong><br />

Inquiry <strong>Report</strong> June 25, <strong>2010</strong> – Page 2


coast. Thus it is clear that his visit to <strong>Polillo</strong> was not simply a vacation as<br />

KU researchers had indicated.<br />

The fact that Mr. Welton signed <strong>the</strong> guest book in Pinaglubayan (<strong>the</strong> acknowledged<br />

base area for “bataan” research) as he did only acknowledges that he and o<strong>the</strong>rs<br />

were in <strong>the</strong> region (e.g. Philippines) to do research on monitor lizards, and does not<br />

imply that <strong>the</strong>y were specifically in <strong>Polillo</strong> to do research. The fact remains that <strong>the</strong><br />

specimen <strong>of</strong> V. olivaceus was salvaged in <strong>Polillo</strong> Town which is not a likely place to<br />

go to collect a specimen <strong>of</strong> this species. Had this been a purposeful attempt to<br />

collect V. olivaceus Mr. Welton and o<strong>the</strong>rs would have been better served to stay in<br />

or near Pinaglubayan and <strong>the</strong> Sibulan watershed reserve to hunt for this species and<br />

not spend 5 days in <strong>the</strong> coastal town <strong>of</strong> <strong>Polillo</strong> some 3 kilometres from <strong>the</strong> reserve.<br />

C. Mr. Bennett - When I learned that a specimen <strong>of</strong> Varanus olivaceus had<br />

been collected from <strong>Polillo</strong> Island, I immediately contacted Dr Rafe Brown<br />

and was informed:<br />

a) That he had been unaware <strong>of</strong> Luke Welton’s visit to <strong>Polillo</strong> in July <strong>2009</strong><br />

at <strong>the</strong> time, and that <strong>the</strong> visit had not been scheduled.<br />

Dr. Brown is correct. Welton’s trip to <strong>Polillo</strong> in July <strong>2009</strong> was not “scheduled” for<br />

scientific work. Ra<strong>the</strong>r, it was an impromptu 5-day vacation from field work with <strong>the</strong><br />

Philippine field assistants who lived on <strong>Polillo</strong>.<br />

b) That he had been informed by Luke Welton that <strong>the</strong> specimen taken had<br />

been found dead, having been killed by a dog, and that under <strong>the</strong>se<br />

circumstances its collection had been legal.<br />

Dr. Brown is correct. The reasons for <strong>the</strong> lizard’s death are unknown. Welton<br />

merely repeated <strong>the</strong> account he was given by <strong>the</strong> villager about <strong>the</strong> Varanus being<br />

attacked and/or chased from its natural forest habitat by a dog(s). Whe<strong>the</strong>r dead or<br />

partially alive when acquired, its acquisition is legal under <strong>the</strong> collecting permits<br />

referenced above.<br />

c) That Luke Welton did not need a specimen <strong>of</strong> Varanus olivaceus for his<br />

research. [2]<br />

Dr.Brown is correct. Welton did not need a specimen <strong>of</strong> Varanus olivaceus for his<br />

research as he already had access to numerous specimens <strong>of</strong> this species in <strong>the</strong><br />

collections <strong>of</strong> <strong>the</strong> University <strong>of</strong> Florida.<br />

D. Mr. Bennett - However my enquiries suggest that nei<strong>the</strong>r local NGOs nor<br />

DENR on <strong>Polillo</strong> were aware <strong>of</strong> Luke Welton’s visit, or that he had collected<br />

a specimen <strong>of</strong> Varanus olivaceus from <strong>the</strong> island.<br />

Non-government organizations (NGOs) have no legal authority over survey and<br />

inventory work in <strong>the</strong> Philippines. The DENR on <strong>Polillo</strong> Island is a local branch <strong>of</strong> <strong>the</strong><br />

Philippine DENR that is <strong>the</strong> federal authority that issued <strong>the</strong> permits to Dr. Brown’s<br />

project. Welton’s acquisition <strong>of</strong> <strong>the</strong> Varanus specimen (KU 322187) was reported to<br />

Inquiry <strong>Report</strong> June 25, <strong>2010</strong> – Page 3


<strong>the</strong> main DENR authorities and is listed on <strong>the</strong> CITES-2 collecting and export<br />

permits, and <strong>the</strong> USF&W import permit.<br />

E. Mr. Bennett - A paper published in Biology Letters contains a detailed<br />

description <strong>of</strong> <strong>the</strong> morphology <strong>of</strong> both KU 322187 and PNM 9719, and<br />

names <strong>the</strong> latter as a new species <strong>of</strong> Varanus lizard. The paper includes two<br />

pictures <strong>of</strong> <strong>the</strong> specimen KU 322187. The picture <strong>of</strong> <strong>the</strong> lateral view <strong>of</strong> <strong>the</strong><br />

head strongly suggests that <strong>the</strong> animal was alive at <strong>the</strong> time <strong>the</strong><br />

photograph was taken. The dorsal view shows no signs <strong>of</strong> injuries. The<br />

citation for <strong>the</strong> paper is: Luke J. Welton, Cameron D. Siler, Daniel Bennett,<br />

Arvin Diesmos, M. Roy Duya, Roldan Dugay, Edmund Leo B. Rico, Merlijn<br />

Van Weerd, and Rafe M. Brown. A spectacular new Philippine monitor lizard<br />

reveals a hidden biogeographic boundary and a novel flagship species for<br />

conservation Biol. Lett. published online before print April 7, <strong>2010</strong>,<br />

doi:10.1098/rsbl.<strong>2010</strong>.0119. [3]<br />

The relevancy <strong>of</strong> this point is not clear. Bennett is third author on <strong>the</strong> paper cited<br />

above in which <strong>the</strong> picture <strong>of</strong> <strong>the</strong> Varanus specimen KU322187 appears. As<br />

discussed above, <strong>the</strong> Varanus was unresponsive and barely alive when Welton was<br />

taken to see it north <strong>of</strong> <strong>the</strong> village. Its acquisition is legal under <strong>the</strong> permits issued to<br />

<strong>the</strong> project.<br />

F. Mr. Bennett - On 19 th March <strong>2010</strong> I became aware <strong>of</strong> <strong>the</strong> pictures <strong>of</strong> KU<br />

322187, and I asked Dr Rafe Brown for clarification <strong>of</strong> his earlier statement<br />

that <strong>the</strong> animal had been killed by dogs. His reply contradicted his earlier<br />

statement. [4]<br />

Dr. Brown apparently was merely clarifying an earlier communication with Welton. In<br />

any case, if <strong>the</strong> villager’s account is correct, <strong>the</strong> Varanus’ death was ultimately due to<br />

a dog(s).<br />

G. Mr. Bennett - On 21 st March <strong>2010</strong> I noticed that <strong>the</strong> Kansas Museum<br />

Catalogue entry from KU 322187 had been changed; <strong>the</strong> locality name had<br />

been altered, and <strong>the</strong> collectors’ names and county <strong>of</strong> collection had been<br />

removed. This change was made between <strong>the</strong> 18 th and 21 st <strong>of</strong> March <strong>2010</strong>.<br />

[5]<br />

The locality information entered originally in <strong>the</strong> database was apparently altered at<br />

Bennett’s own insistence as third author on <strong>the</strong> paper for accuracy. In Mr. Bennett’s<br />

response to my initial findings he denies that he called for <strong>the</strong>se changes. The intent<br />

is for <strong>the</strong> original locality data entry (“local coastal agricultural area, north <strong>of</strong> <strong>Polillo</strong><br />

Town proper”), which is <strong>the</strong> salvage locale, not to be confused with <strong>the</strong> actual point<br />

<strong>of</strong> origin <strong>of</strong> <strong>the</strong> individual, which is unknown, as it had been chased by dog(s) from<br />

that point <strong>of</strong> origin into <strong>the</strong> village area. Similarly, <strong>the</strong> collector field is blanked<br />

because Welton did not “collect” <strong>the</strong> animal in its wild habitat, but salvaged it from<br />

<strong>the</strong> village. The complete Specify data record for KU322187, which is not accessible<br />

on <strong>the</strong> Web, lists <strong>the</strong> specimen as salvaged.<br />

H. Mr. Bennett - If KU 322187 was not collected in accordance with <strong>the</strong> laws <strong>of</strong><br />

<strong>the</strong> Philippines and <strong>the</strong> collection permits issued to Rafe Brown by PAWB,<br />

Inquiry <strong>Report</strong> June 25, <strong>2010</strong> – Page 4


<strong>the</strong>n <strong>the</strong> CITES permits under which it was exported from <strong>the</strong> Philippines<br />

and imported into <strong>the</strong> USA were obtained by deception.<br />

As detailed above and documented by Republic <strong>of</strong> Philippines and USF&W permits<br />

in hand, <strong>the</strong> Varanus was acquired in accordance with <strong>the</strong>se permits.<br />

I. Mr. Bennett - I allege that Luke Welton required an adult male Varanus<br />

olivaceus with everted hemipenes in order to describe PNM 9719 as a new<br />

species, and that he made <strong>the</strong> decision to collect a specimen for<br />

comparison as quickly as possible and by any means necessary. I allege<br />

that KU 322187 was collected in or around Sibulan Watershed Reserve on<br />

<strong>Polillo</strong> Island on Welton’s instructions, that he went to that area knowing<br />

that local field workers were engaged in an non-intrusive study <strong>of</strong> <strong>the</strong><br />

species and would consequently know where to find an adult male very<br />

quickly, and that he killed <strong>the</strong> animal for <strong>the</strong> express purpose <strong>of</strong> having a<br />

comparative specimen that would allow him to describe PNM 9719 as a new<br />

species. In order to comply with <strong>the</strong> permits issued to his supervisor, he<br />

fabricated <strong>the</strong> story that KU 322187 had been killed by dogs, and in order to<br />

deflect criticism that he had collected an animal which was part <strong>of</strong> a longterm<br />

ecological study, he fabricated <strong>the</strong> collection locality. Subsequently<br />

his supervisor Rafe Brown assisted in <strong>the</strong>se fabrications by altering<br />

museum records and making false statements designed to discourage<br />

fur<strong>the</strong>r investigations about <strong>the</strong> origin <strong>of</strong> <strong>the</strong> specimen and <strong>the</strong><br />

circumstances under which it was killed.<br />

This story is not supported by any facts known to this reviewer and is pure<br />

speculation on Mr. Bennett’s part. In a prior conversation Dr. Brown had<br />

communicated with Mr. Bennett that <strong>the</strong> specimen in question had none <strong>of</strong> <strong>the</strong><br />

unique markings Mr. Bennett used to identify Varanus individuals that were a part <strong>of</strong><br />

Mr. Bennett’s long-term studies in <strong>the</strong> Sibulan Watershed Reserve region. Dr.<br />

Brown has provided four photos <strong>of</strong> <strong>the</strong> specimen in question and <strong>the</strong>se photos prove<br />

that <strong>the</strong> animal did not come from Mr.Bennett's field site where all subjects bear<br />

distinct tail-crest clippings for identification. Thus, Bennett not only has no legal<br />

authority or jurisdiction over this specimen, but he also has no factual basis to his<br />

purportedly moral/ethical complaint.<br />

J. Mr. Bennett - I fur<strong>the</strong>r allege that forensic examination <strong>of</strong> KU 322187 will<br />

confirm that <strong>the</strong> animal shows no signs <strong>of</strong> injuries associated with a fatal<br />

dog attack, and that examination <strong>of</strong> stomach contents and/or DNA analysis<br />

will indicate that <strong>the</strong> animal comes from habitat in or around Sibulan<br />

Watershed Reserve.<br />

Whe<strong>the</strong>r or not <strong>the</strong> Varanus died <strong>of</strong> a “fatal dog attack” is immaterial with regard to<br />

<strong>the</strong> legality <strong>of</strong> its acquisition in <strong>the</strong> <strong>Polillo</strong> village area or its original provenance in <strong>the</strong><br />

wild, which is unknown. That said, <strong>the</strong> villager’s account that was related to me by<br />

KU scientists implies <strong>the</strong> lizard did die, eventually, from being attacked and /or<br />

chased by dog(s). The absence <strong>of</strong> teeth marks or external wounds does not rule out<br />

that <strong>the</strong> animal’s death might not have been from exhaustion and/or internal injuries<br />

as a result <strong>of</strong> having been chased and harassed by dogs. I can only assume that KU<br />

researchers acted in good faith and dispatched an animal that was not healthy and<br />

Inquiry <strong>Report</strong> June 25, <strong>2010</strong> – Page 5


potentially suffering from some fatal condition. If Mr. Bennett wishes to fur<strong>the</strong>r<br />

pursue <strong>the</strong> cause <strong>of</strong> death <strong>of</strong> this specimen he may wish to contact PNM since this<br />

specimen is now in <strong>the</strong>ir collections.<br />

For following points <strong>the</strong> above explanations will suffice.<br />

Mr. Bennett’s Supporting Material<br />

[1] – Catalogue entry for PMN9719 at Kansas University Natural History Museum:<br />

http://collections.nhm.ku.edu/HerpsWeb/detail.jsp?record=320000.0&column=0&styl<br />

eDir=style and [5] below.<br />

[2] Exerts from emails: Rafe Brown to Daniel Bennett, Nov/Dec<strong>2009</strong> full transcript <strong>of</strong><br />

all emails given as [Appendix 1]<br />

from Rafe Brown <br />

to Daniel Bennett/Mampam Conservation <br />

cc ambanjfurcifer@yahoo.com,<br />

XXXXX@ku.edu<br />

date 30 November <strong>2009</strong> 18:22<br />

subject varanus collab<br />

mailed-by ku.edu<br />

For <strong>the</strong> record and in writing here: we did not have definitive knowledge <strong>of</strong> <strong>the</strong> Sierra<br />

Madre thing, genetic data, or any plans to work on this until we caught a large adult<br />

male this July and only <strong>the</strong>n did Luke (acting on his own volition after I had left <strong>the</strong><br />

country) shift into high gear and track down all <strong>the</strong> necessary information and genetic<br />

material (from peninsular olivaceus, etc) that are needed to describe <strong>the</strong> animal.<br />

from Rafe Brown <br />

to mampam@mampam.com<br />

cc XXXXX@gmail.com<br />

date 8 December <strong>2009</strong> 12:29<br />

subject Roldan's specimen?<br />

I can't remember <strong>the</strong> name <strong>of</strong> <strong>the</strong> locality (I'll ask Luke) but I know it was an animal<br />

killed by dogs on <strong>the</strong> opposite side <strong>of</strong> <strong>the</strong> island from your study area, outside <strong>of</strong> any<br />

protected area. My understanding is that it was salvaged by Luke because it was<br />

already dead<br />

from Rafe Brown <br />

to mampam@mampam.com<br />

date 8 December <strong>2009</strong> 23:11<br />

Keep in mind <strong>the</strong> facts: Luke wanted to look at molecular divergence and he already<br />

had a samples from an animal that my students salvaged from a hunter on<br />

Caramoan in 2006. Luke knew this and he was not desperate to get an olivaceus<br />

sample. Even if he had been desperate and keen to obtain a sample (as you seem<br />

to suspect), his approach is to collect non-destructuve genetic samples (<strong>the</strong>se are<br />

Inquiry <strong>Report</strong> June 25, <strong>2010</strong> – Page 6


<strong>the</strong> bulk <strong>of</strong> <strong>the</strong> genetic samples that are going into his graduate work) and skin snips<br />

<strong>of</strong> animals he releases. He does not have any need to have done what you suggest.<br />

[3] – Part <strong>of</strong> Figure 2 from <strong>the</strong> manuscript.<br />

[4] Extract from email: Rafe Brown to Daniel Bennett<br />

from Rafe Brown <br />

to mampam@mampam.com<br />

cc XXXX@gmail.com,<br />

XXXXXX@yahoo.com,<br />

ambanjfurcifer@yahoo.com<br />

date 18 March <strong>2010</strong> 02:41<br />

subject Varanus olivaceus on <strong>Polillo</strong><br />

With regard to <strong>the</strong> <strong>Polillo</strong> specimen in question: I am sorry but many <strong>of</strong> <strong>the</strong> details<br />

are simply not available. We are not sure exactly where <strong>the</strong> animal was from nor<br />

how long it had been in <strong>the</strong> possession <strong>of</strong> <strong>the</strong> residents. We were told that dogs had<br />

ei<strong>the</strong>r caught it or chased it into a coastal agricultural area to <strong>the</strong> north, ei<strong>the</strong>r on <strong>the</strong><br />

east side <strong>of</strong> <strong>the</strong> island or NE <strong>of</strong> <strong>Polillo</strong> (Burdeos?). I agree with you that <strong>the</strong><br />

specimen does not show evidence <strong>of</strong> bite marks<br />

Inquiry <strong>Report</strong> June 25, <strong>2010</strong> – Page 7


[5] Catalogue entry for KU322187 at Kansas University Natural History Museum downloaded 16 th March <strong>2010</strong> from<br />

http://collections.nhm.ku.edu/HerpsWeb/detail.jsp?record=322187.0&column=0&styleDir=style<br />

Catalogue entry for KU322187 at Kansas University Natural History Museum downloaded 21 st March <strong>2010</strong> from<br />

http://collections.nhm.ku.edu/HerpsWeb/detail.jsp?record=322187.0&column=0&styleDir=style<br />

Inquiry <strong>Report</strong> June 25, <strong>2010</strong> – Page 8


PNM 9726.png<br />

Inquiry <strong>Report</strong> June 25, <strong>2010</strong> – Page 9


Tail 1.jpg<br />

Inquiry <strong>Report</strong> June 25, <strong>2010</strong> – Page 10


Tail 2.jpg<br />

Inquiry <strong>Report</strong> June 25, <strong>2010</strong> – Page 11


Appendix I: Complainant comments regarding Inquiry <strong>Report</strong><br />

Dear Don Huggins<br />

Thank you for your email and <strong>the</strong> copy <strong>of</strong> your inquiry. I have six comments which I<br />

would like you to attach to <strong>the</strong> report.<br />

A. Your report states that " on July 6, <strong>2009</strong>, he [Luke Welton] and o<strong>the</strong>r members<br />

<strong>of</strong> <strong>the</strong> Philippine field party, who were taking a 5-day vacation on <strong>Polillo</strong><br />

Island, <strong>Polillo</strong> Town (home <strong>of</strong> <strong>the</strong> Philippine field assistants), were having a<br />

cookout on <strong>the</strong> beach".<br />

However, Luke Welton signed <strong>the</strong> guestbook (attached) at <strong>the</strong> house <strong>of</strong> Augusto Zafe in Pinaglubayan,<br />

<strong>Polillo</strong>, dated June 5/6 stating that <strong>the</strong> purpose <strong>of</strong> his visit was “research butaan [<strong>the</strong> local name for<br />

Varanus olivaceus] and "layagan" [<strong>the</strong> local name for Hydrosaurus]. This house has been <strong>the</strong> base <strong>of</strong><br />

<strong>the</strong> <strong>Polillo</strong> butaan project since <strong>1999</strong>, is on <strong>the</strong> edge <strong>of</strong> Sibulan watershed reserve and at least four<br />

hours walk from <strong>the</strong> coast. Thus it is clear that his visit to <strong>Polillo</strong> was not simply a vacation and<br />

indicates that your comment :<br />

Welton’s trip to <strong>Polillo</strong> in July <strong>2009</strong> was not “scheduled” for scientific work.<br />

Ra<strong>the</strong>r, it was an impromptu 5-day vacation from field work with <strong>the</strong> Philippine<br />

field assistants who lived on <strong>Polillo</strong>.<br />

is not entirely correct. He clearly went to <strong>Polillo</strong> looking for Varanus olivaceus. This<br />

evidence was not available at <strong>the</strong> time I made my complaint<br />

b<br />

The reasons for <strong>the</strong> lizard’s death are unknown. Welton merely repeated <strong>the</strong><br />

account he was given by <strong>the</strong> villager about <strong>the</strong> Varanus being attacked and/or<br />

chased from its natural forest habitat by a dog(s). Whe<strong>the</strong>r dead or partially<br />

alive when acquired, its acquisition is legal under <strong>the</strong> collecting permits<br />

referenced above.<br />

As your report states, <strong>the</strong> cause <strong>of</strong> <strong>the</strong> lizard's death is that Luke Welton euthanized it.<br />

As all field workers with experience <strong>of</strong> <strong>the</strong>se animals are aware, <strong>the</strong>y <strong>of</strong>ten feign<br />

death when handled, and so an unresponsive animal is not necessarily "partially<br />

alive".<br />

c<br />

Welton did not need a specimen <strong>of</strong> Varanus olivaceus for his research as he<br />

already had access to numerous specimens <strong>of</strong> this species in <strong>the</strong> collections<br />

<strong>of</strong> <strong>the</strong> University <strong>of</strong> Florida.<br />

As far as I am aware <strong>the</strong>re are no intact specimens <strong>of</strong> this species with locality data in<br />

<strong>the</strong> University <strong>of</strong> Florida collection (specimens with such data are represented only by<br />

severed heads) , and certainly no adult males with everted hemipenes that would have<br />

been suitable for comparison with Varanus bitatawa. Nor is DNA material available<br />

from any specimen in that collection.<br />

d<br />

The relevance <strong>of</strong> my statement that begins "A paper published in Biology Letters<br />

Appendix I: Complainant Response to Inquiry <strong>Report</strong> – Page 1


contains" is that <strong>the</strong> picture in <strong>the</strong> paper show that KU322187 was an animal in<br />

excellent condition, with no apparent injuries and with no evidence <strong>of</strong> dehydration.<br />

Anybody experienced with this species is aware that 1) dogs cannot lick <strong>the</strong>m to death<br />

and 2) that <strong>the</strong> animals show signs <strong>of</strong> dehydration after less than 24 hours in captivity.<br />

e<br />

The locality information entered originally in <strong>the</strong> database was apparently<br />

altered at Bennett’s own insistence (as third author on <strong>the</strong> paper) for<br />

accuracy.<br />

I absolutely deny that I suggested that <strong>the</strong> database be altered.<br />

f.<br />

The absence <strong>of</strong> teeth marks or external wounds does not rule out that <strong>the</strong><br />

animal’s death might not have been from exhaustion and/or internal injuries<br />

as a result <strong>of</strong> having been chased and harassed by dogs.<br />

In 11 years experience <strong>of</strong> this species, and over 20 years experience with this genus, I<br />

have never heard <strong>of</strong> a monitor lizard dying from exhaustion, nor seen one that has<br />

been mortally wounded by dogs internally but bears no external marks <strong>of</strong> dogs attack.<br />

This is an extraordinary statement that will be greeted with incredulity by anybody<br />

with experience <strong>of</strong> <strong>the</strong> animals, and which confirms my belief that only an<br />

independent necropsy <strong>of</strong> this animal will establish whe<strong>the</strong>r it had incurred any serious<br />

injuries prior to being euthanized.<br />

Yours<br />

(Dr) Daniel Bennett<br />

Appendix I: Complainant Response to Inquiry <strong>Report</strong> – Page 2


Extract from <strong>the</strong> guestbook at <strong>the</strong> house <strong>of</strong> Augusto Zafe, Pinaglubayan, <strong>Polillo</strong><br />

Appendix I: Complainant Response to Inquiry <strong>Report</strong> – Page 3


Appendix II: Respondent comments regarding Inquiry <strong>Report</strong><br />

From: Brown, Rafe<br />

Sent: Sunday, June 20, <strong>2010</strong> 12:17 PM<br />

To: Huggins, Donald G<br />

Cc: Krishtalka, Leonard; Yochim, Jordan<br />

Subject: photos <strong>of</strong> Varanus<br />

Dear Don,<br />

Here are <strong>the</strong> photos we took yesterday. Note also that Bennett incorrectly characterizes <strong>the</strong><br />

specimen as <strong>the</strong> property <strong>of</strong> KU.<br />

In fact, it is not. When salvaged, <strong>the</strong> specimen was donated to <strong>the</strong> National Museum <strong>of</strong> <strong>the</strong><br />

Philippines and was cataloged <strong>the</strong>re under <strong>the</strong> catalog number PNM 9726. Four month later,<br />

after being registered at PNM, it was brought to <strong>the</strong> United States on a short term research loan<br />

under permits issued by <strong>the</strong> National Museum, DENR, US Fish and Wildlife, and CITES.<br />

This series <strong>of</strong> events has been documented by US and Philippine government permits and stands<br />

in stark contrast to <strong>the</strong> picture Bennett wants to paint, i.e., that <strong>the</strong> animal was poached from his<br />

study area, spirited away in some clandestine cover-up operation, immediately exported by us,<br />

and became <strong>the</strong> property <strong>of</strong> KU. One <strong>of</strong> <strong>the</strong> reasons I suspect Bennett is so convinced <strong>of</strong> a<br />

conspiracy is that he has never actually held valid research permits in <strong>the</strong> Philippines and does<br />

not understand <strong>the</strong> permit system, much less <strong>the</strong> terms <strong>of</strong> my permits (which allow us to collect<br />

CITES Appendix II species, whe<strong>the</strong>r he likes it or not, and salvage any dead or dying animal in<br />

<strong>the</strong> Philippines, regardless <strong>of</strong> its conservation status).<br />

In fact, <strong>the</strong> monitor lizard in question is registered under KU catalog number 322188 only for <strong>the</strong><br />

purpose <strong>of</strong> making associated data accessible to <strong>the</strong> research community (unfortunately, even to<br />

people like Bennett) through <strong>the</strong> distributed data base HerpNet via KU's Specify portal. All<br />

specimens we collect or salvage are assigned one <strong>of</strong> <strong>the</strong>se KU numbers so that <strong>the</strong>y can all be<br />

made available to <strong>the</strong> public via <strong>the</strong> internet. In accordance with our permits, 50% <strong>of</strong> all<br />

specimens collected or salvaged by us are <strong>the</strong>n returned to <strong>the</strong> Philippines. However, <strong>the</strong><br />

specimen in question was originally cataloged at PNM and was never meant to be permanently<br />

exported to <strong>the</strong> US.<br />

In any case, <strong>the</strong>se photos definitely prove that <strong>the</strong> animal did not come from Bennett's field site<br />

where all subjects bear distinct tail-crest clippings for identification. PNM 9726 does not bear<br />

one <strong>of</strong> his distinctive tail clipping markings (note its uninterrupted tail crest). Thus, Bennett not<br />

only has no legal authority or jurisdiction over this specimen, but he also has no factual basis to<br />

his purportedly moral/ethical complaint. The bottom line is that <strong>the</strong> terms <strong>of</strong> my permits are not<br />

subject to his interpretation but are, instead, decided upon by negotiations between <strong>the</strong><br />

government <strong>of</strong> <strong>the</strong> Philippines and me.<br />

Appendix II: Respondent comments regarding Inquiry <strong>Report</strong> – Page 1


Thanks again for your attention to <strong>the</strong>se details; I'll have email every couple <strong>of</strong> days during my<br />

upcoming trip, so if you need any additional information from me, don't hesitate to write.<br />

Thanks,<br />

Rafe<br />

--<br />

________________________________________________________<br />

Dr. Rafe M. Brown<br />

Curator in Charge, Herpetology, KU Biodiversity Institute<br />

Assistant Pr<strong>of</strong>essor, Department <strong>of</strong> Ecology and Evolutionary Biology<br />

University <strong>of</strong> Kansas<br />

Dyche Hall, 1345 Jayhawk Blvd<br />

Lawrence, KS 66045-7593<br />

<strong>of</strong>fice: (785) 864-3403<br />

FAX (785) 864-5335<br />

Lab Webpage: http://www.nhm.ku.edu/rbrown/<br />

KU Herpetology: http://www.nhm.ku.edu/herpetology<br />

HerpWatch Philippines: http://www.herpwatch.org/<br />

Email: rafe@ku.edu<br />

________________________________________________________<br />

Appendix II: Respondent comments regarding Inquiry <strong>Report</strong> – Page 2


PNM 9726.png<br />

Appendix II: Respondent comments regarding Inquiry <strong>Report</strong> – Page 3


Tail 1.jpg<br />

Appendix II: Respondent comments regarding Inquiry <strong>Report</strong> – Page 4


Tail 2.jpg<br />

Appendix II: Respondent comments regarding Inquiry <strong>Report</strong> – Page 5


Tail 3.jpg<br />

Appendix II: Respondent comments regarding Inquiry <strong>Report</strong> – Page 6

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!